Dáil Éireann Debate, Tuesday - 24 April 2012
580 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if it is current practice for incidents that involve use of force of any kind by members of An Garda Síochána to be electronically recorded; if he intends to introduce this practice; and if he will make a statement on the matter. [20109/12]
Amharc ar fhreagra581 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of times force of any kind was used by members of An Garda Síochána during each of the last 18 months broken down in tabular form by Garda division and district. [20110/12]
Amharc ar fhreagra582 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if he will ensure that gardaí will uphold principles of use of minimum force during policing; if he will consider the adoption of a higher threshold test for the use of force against children in consultation with experts on the rights of the child; and if he will make a statement on the matter. [20111/12]
Amharc ar fhreagraI propose to take Questions Nos. 580 to 582, inclusive, together.
Incidents involving the use of force by members of An Garda Síochána are not recorded in an electronic format at present, although a written record is maintained of the use of incapacitant spray, a baton or a weapon. An Garda Síochána is, however, currently evaluating a new recording process which will enable incidents involving the use of force to be recorded electronically in the future on the PULSE system.
The fundamental principle underpinning Garda policy on the use of force is that any action taken must comply with the fundamental principles of legality, necessity, proportionality and accountability and be applied in a non-discriminatory manner in accordance with the principles of the European Convention of Human Rights. In carrying out their duties, members of An Garda Síochána shall, as far as practicable and in so far as the circumstances dictate, consider non-physical means prior to resorting to the use of force.
Insofar as children are concerned the Garda Síochána's draft guidance on the use of force policy outlines that members of An Garda Síochána should give special consideration to the heightened vulnerabilities of children and members of other vulnerable groups in relation to the use of force. Although not incorporated into domestic law, members of An Garda Síochána have regard to the UN Convention on the Rights of the Child. This Convention identifies four core principles:—
The best interests of the child must be paramount (Article 3);
Children have a right to be heard (Articles 12 and 13);
Children have a right not to be discriminated against (Article 2);
The State has a duty to protect children (Article 19).
Statistics on the number of times force of any kind was used by members of An Garda Síochána during the last eighteen months broken down on a Divisional and District basis is a very broad request and may not be available in the detail sought. I am making enquiries of the Commissioner as to what statistics are available and I will write to the Deputy as soon as possible.
